1970-HKRS29-8-37_Part04 — Page 4

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Proceedings in, and jurisdiction of. District Court.

Provided that no increase in rent of a sub-tenancy, except by agreement, shall take effect-

(a) earlier than the expiration of one year from--

(i) the date on which the real of the sub-tenancy was last increased before the commencement of this Ordin- ance; or

(ii) the date of any sub-tenancy entered into before the commencement of this Ordinance,

whichever is the later;

(b) where the reat of the sub-tenancy was increased under this Ordinance whether or not such increase was by agreement.

(6) The Commissioner shall, when issuing certificates under subsection (2) or (3), endorse thereon a notice of the date when the increase in rent under section 9, 11 or 13 takes effect, regard being paid to section 8, together with a notice setting out the proviso to subsection (5) and in the case of a certificate issued under subsection (3), he may endorse on the certificate such comments as he thinks proper relating to the application.

(7) Where the tenancy is not subject to this Ordinance by virtue of section 3, but a sub-tenancy created out of such tenancy is subject to this Ordinance, sections 10, 11, 12, 13 and 14 shall apply as if the sub-tenancy were a tenancy and references therein to landlord and tenant shall be deemed to be references to principal tepaot and to sub-tenant respectively.

(8) For the purposes of this section, rent shall be deemed to have been increased where the sub-tenant has made any payments to the principal tenant, other than the regular payments of rent, and such additional payments have been made as a condition of the right to the occupation of the premises.

PART IV.

GENERAL.

16. (1) Neither the Commissioner nor any public officer employed in the Department of Rating and Valuation shall be called to give evidence in any proceedings and no subpoena shall be issued against the Commissioner or such public officer.

(2) Notwithstanding subsection (1), a subpoena duces tecum may be issued against the Commissioner or any public officer employed in the Department of Rating and Valuation to produce in any proceedings—

(a) an application under subsection (8) of section 4;

(b) an application under subsection (4) of section 5; (c) an application under subsection (1) of section 10: (d) an application under subsection (2) of section 11; (e) an application under subsection (1) of section 15. and a subpoena issued under this subsection shall be deemed to be complied with by the production of any document specified in the subpoena by any public officer employed in the Department of Rating and Valuation.

(3) The Governor may appoint any person having a knowl- edge of land values in Hong Kong to a panel of assessors for the purpose of any proceedings and a public officer to be the Secretary of such panel, and may fix the fees which shall be payable to such persons:

Provided that nothing in this subsection shall authorize the payment of remuneration to any public officer.

(4) For the purpose of any proceedings the court may call on the Secretary of the panel to nominate an assessor to assist the court in such proceedings.

(5) This section shall be in addition to, and not in sub- stitution for, section 34 of the District Court (Civil Jurisdiction and Procedure) Ordinance.

(6) For the removal of doubt, jurisdiction is hereby conferred on the court for the purpose of hearing and determining all applications and appeals for which provision is made in this Ordinance, and all actions for possession upon the termination of any tenancy or sub-tenancy under section 7, and for the purpose of ordering the payment of rent or mesne profits in any such application, appeal or action, and such jurisdiction shall be exercised notwithstanding that the value of the property sought to be recovered or the amount of the annual rent thereof or the amount of rent or mesne profits being claimed exceeds ten thousand dollars.

(All determinations of the court under this Ordinance shall be final and no appeal sball lie therefrom.

(8) For the purposes of this section, "proceedings" means any proceedings in the court brought under the Ordinance.

17. (1) For the purposes of this Ordinance, the Governor may appoint a panel of persons, to be known as the Rent Increases Advisory Panel, to assist the Commissioner in those cases in which he is empowered to consult with the members thereof.

(Cap. 194)

Rent Increases Advisory Panel